11,309 result(s)
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10,326.
Eurocopter v. Bell Helicopter Textron Canada Limitée - 2012 FC 842 - 2012-07-03
Federal Court DecisionsHowever, given that the claim and the counterclaim are fairly interconnected, especially with respect to the Legacy gear, I have decided to consider the matter as whole, in accordance with the parties’ submissions. [...] I conclude that Bell unnecessarily lengthened the proceeding by failing to admit facts that should have been admitted (Rule 400(3)(i) and (j) of the Rules) and it is fair for Bell to assume the consequences of its strategy. [...] Furthermore, on the basis of the parties’ relative success and all other relevant matters discussed above in these reasons, I consider it fair and just in the circumstances to reduce Eurocopter’s costs and disbursements (as detailed below) by 50%.
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10,327.
Mamnuni v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 736 - 2011-06-22
Federal Court DecisionsHowever, it is, in essence, a question as to whether Ministerial discretion was exercised in accordance with the principles of procedural fairness. [...] It does not follow from the fact that he ultimately failed to satisfy the Adjudicator or the Minister’s Delegate on this point that his procedural fairness rights were violated. [...] (iii) establishing an agency that is responsible for dealing with reported and other information;
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10,328.
Iamkhong v. Canada (Citizenship and Immigration) - 2011 FC 355 - 2011-03-24
Federal Court DecisionsHowever, the questions at issue are fairly straightforward and a reading of Dunsmuir v New Brunswick, 2008 SCC 9, allows for a clear determination of the applicable standard of review. [...] While the Court does recognize some strong tones in the IAD’s reasons, these did not blind the IAD of its duties to fairly and meaningfully address the case before it. [...] It was reasonable for the IAD to conclude in such a manner, as there was no breach of fairness and nothing wanting in the IAD’s reasons.
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10,329.
Mohiuddin v. Canada - 2006 FC 664 - 2006-05-31
Federal Court DecisionsIt appears that Justice Mosley did not deal directly with this issue, as the application was allowed on the basis that the officer's reasons failed to stand up to a somewhat probing examination (see para. 32). [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or
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10,330.
671905 Alberta Inc. v. Q'max Solutions Inc. - 2003 FCA 241 - 2003-06-02
Federal Court of Appeal Decisions[24] However, it is evident from a fair reading of his reasons for judgment that the Trial Judge resolved the issue of inventorship by preferring the testimony of Richard Smith to that of Harold C. Fleming. [...] In Esso Petroleum Co. Ltd. v. Southport Corporation, [1956] A.C. 218 (H.L.) at 239, it was wisely observed by Lord Normand, commenting on "the value of the pleadings", that, "To condemn a party on a ground of which no fair notice has been given may be as great a denial of justice as to condemn him on a ground on which his [...] A great deal of evidence was directed to the infringement issue during the course of the 20 day trial.
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10,331.
Bell Canada v. Canadian Telephone Employees Assn. - 2000-11-02
Federal Court Decisions[31] The Leighton tribunal concluded that it was an independent quasi-judicial body, institutionally capable of providing a fair hearing in accordance with the principles of natural justice and fundamental freedom. [...] [65] Thus, when dealing with administrative agencies which have several roles to play, including many which are administrative in nature, such as the Matsqui Indian Band35, the Vancouver Stock Exchange36, or the Régie des permis d'alcool du Québec37, there needs to be more flexibility in applying the principles relating to [...] The first principle to be undermined would be the fundamental right of all persons to a fair hearing in accordance with the principles of fundamental justice [...].
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10,332.
Merck & Co., Inc. v. Canada (Minister of Health) - 1998-03-31
Federal Court DecisionsA second patent, dealing with the conversion of lovastatin into a lactone, was also granted to Merck on 13 September 1991. [...] It arises out of the duty of fairness which is generally owed by public officials in exercising their administrative function: Reference Re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. 525 at 557. [...] [79] The Minister clearly owes a duty of fairness to Merck in administering the NOC Regulations.
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10,333.
Dipede v. The Queen - 2004 TCC 100 - 2004-02-05
Tax Court of Canada Judgments[74] The Appellant had some dealings with Mr. Shapiro in the past and was satisfied with his work. [...] This was a Fairness Committee letter signed by the Appellant appealing the penalty and interest. [...] Before that, they were made by others from Revenue Canada and most of the dealings were with Maureen on behalf of the Corporation.
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10,334.
McEwing v. Canada (Attorney General) - 2013 FC 525 - 2013-05-23
Federal Court Decisions[40] Part 19 of the Act, containing sections 479-521.1, deals with enforcement issues. [...] [113] There is no evidence that the applicants acted for any reason other than to assert their rights to a fair election as Canadian citizens and electors. [...] The respondent MPs devoted a great deal of their cross-examination of Mr. Graves on his affidavit evidence to exploring these matters.
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10,335.
President and Fellows of Harvard College v. Canada (Commissioner of Patents) - 2000-08-03
Federal Court of Appeal Decisions[79]I do not find it necessary to deal with the other points which Mr. Justice Rothstein raised in his reasons. [...] As Duff C.J. said in Vanity Fair Silk Mills v. Commissioner of Patents,85 (at p. 246): [...] [115]In Chakrabarty, supra, in dealing with the term "composition of matter" Chief Justice Burger, speaking for the five member majority, stated at page 308:
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10,336.
Bessette v. Quebec (Attorney General) - 2019 FC 393 - 2019-04-02
Federal Court Decisions· The claims are to be read purposively with the object of obtaining a fair result as between the patentee and the public. [...] While anticipation deals with the lack of novelty, obviousness deals with the lack of invention (Laboratoires Abbott v Canada (Minister of Health), 2008 FC 1359 at para 59, aff’d 2009 FCA 94). [...] I will come back to this later when dealing with obviousness in relation to said patent.
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10,337.
SNF Inc. v. Ciba Specialty Chemicals Water Treatments Limited - 2015 FC 997 - 2015-08-24
Federal Court DecisionsCRL was moving their Gordon plant to Yarraman and going from dealing with low fines (low slimes) to high fines (high slimes). [...] The evidence included several series of e‑mails within Ciba dealing with how to test the effectiveness of the rheology aids. [...] • was forthright, fair, thoughtful and reasonable in answering all questions asked of him/her during both direct and cross-examination;
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10,338.
John Doe v. Canada - 2023 FC 1636 - 2023-12-05
Federal Court DecisionsThere will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment. [...] Health Canada held a great deal of personal medical information about the Plaintiffs, and the risks of disclosure of that information were foreseeable. [...] Proximity arises in those relationships where the parties are in such a “close and direct” relationship that it would be “just and fair having regard to that relationship to impose a duty of care in law upon the defendant” (Cooper, at paras. 32 and 34).
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10,339.
Gupta v. Canada - 2019 FC 669 - 2019-05-14
Federal Court Decisions[49] There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment. [...] [112] I will deal briefly with the Plaintiff’s Charter submissions as his pleadings and submissions raise no viable argument. [...] He has not argued that any official acted on or drew a distinction based on grounds enumerated in section 15 or on analogous grounds in dealing with his file.
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10,340.
St. Lawrence Seaway Management Corporation v. BBC Lena (Vessel) - 2018 FC 1026 - 2018-10-12
Federal Court DecisionsNo genuine issue for trial exists because the evidence before me is sufficient to permit me to fairly and justly adjudicate this question (see Leo Ocean S.A. v Westshore Terminals, 2015 FCA 282 (“Leo Ocean”)). [...] Section 78 sets out the objectives of Part 3 and s 79 deals with the powers of the Minister. [...] This case does not involve a common adventure such as exists in the cases dealing with general average contributions.
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10,341.
Astrazeneca Canada Inc. v. Mylan Pharmaceuticals ULC - 2011 FC 1023 - 2011-08-29
Federal Court Decisions[42] Each party provided affidavit evidence from two experts, one dealing primarily with utility, and one dealing primarily with obviousness. [...] [148] For these reasons, in my view claim 15 describes the promise of the patent in a manner that is consistent with a fair-minded, informed reading of the specification: [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness.
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10,342.
Canada (Prime Minister) v. Khadr - 2009 FCA 246 - 2009-08-14
Federal Court of Appeal Decisions[50] It can be confidently stated that Canadians do not accept torture as fair or compatible with justice. [...] In the circumstances, we must necessarily, as O’Reilly J. recognized earlier on his Reasons, allow considerable discretion to the executive in dealing with matters such as the one now before us. [...] It is up to Canada, in the exercise of its powers over foreign policy to determine the most appropriate course of action in dealing with the US with regard to Mr. Khadr’s situation.
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10,343.
Pfizer Canada Inc. v. Apotex Inc. - 2007 FC 971 - 2007-09-27
Federal Court DecisionsAt the outset of the hearing, I advised counsel that I would hear argument and deal with that question as one of the issues to be dealt with on the prohibition application. [...] [103] Based on this lack of awareness, the applicants advanced a fairly weak argument that the Murray article should not be considered prior art as it would not have been found by a reasonably diligent search by a person of ordinary skill. [...] I would note, in passing, that I have read the UK decisions which placed greater reliance upon the Bush thesis in support of such a finding than I think is warranted by a fair reading of the document.
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10,344.
Environmental Resource Centre v. Canada (Minister of Environment) - 2001 FCT 1423 - 2001-12-20
Federal Court Decisionsb.1) de faire en sorte que les autorités responsables s'acquittent de leurs obligations afin d'éviter tout double emploi dans le processus d'évaluation environnementale; [...] c) de faire en sorte que les éventuels effets environnementaux négatifs importants des projets devant être réalisés dans les limites du Canada ou du territoire domanial ne débordent pas ces limites; [...] The briefing package will have to make it clear that should Alberta fail to deliver on the strategy, the Minister does not have any legislative authority to deal with that eventuality.
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10,345.
Leo Pharma Inc. v. Teva Canada Limited - 2015 FC 1237 - 2015-11-18
Federal Court DecisionsThis is a rule grounded in fairness and reason. Its application depends upon the circumstances of the case. [...] In other words, it was plain that there was a fair expectation of success. [...] The courts, however, have long held that the minimum requirements for utility under the Act are fairly forgiving.
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10,346.
Teva Canada Limited v. Novartis AG - 2013 FC 141 - 2013-02-19
Federal Court DecisionsAnd, of course, in assisting the court, a “stone cold expert” is necessary to deal with the complex scientific concepts involved. [...] This is a fair – albeit not conclusive – predictor that toxicity will not be a serious deterrent to therapeutic use in warm‑blooded animals. [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness.
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10,347.
Canada (Attorney General) v. 2431‑9154 Québec Inc. - 2008 FC 976 - 2008-08-29
Federal Court Decisions[9] The Court therefore decided to hear the parties on the merits but asked them to submit written representations on the preliminary issue to indicate how the Supreme Court of Canada deals with situations in which the English and French versions are contradictory on their face. [...] 7.2 (1) Le ministre ou toute personne concernée peuvent faire appel au Tribunal de la décision rendue en vertu du paragraphe 6.72(4), de l'alinéa 7(7)a) ou du paragraphe 7.1(7); seule une personne concernée peut faire appel de celle rendue en vertu du paragraphe 6.9(8) ou de l'alinéa 7(7)b). [...] b) dans le cas d'une décision rendue en vertu du paragraphe 6.9(8) ou de l'alinéa 7(7)b), rejeter l'appel ou y faire droit et substituer sa propre décision à celle en cause.
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10,348.
Pembina Institute for Appropriate Development v. Canada (Attorney General) - 2008 FC 302 - 2008-03-05
Federal Court Decisions[43] The respondent, Imperial Oil, argues that the applicants’ assertion is based on a narrow reading of the Report restricted to that portion dealing solely with integrated watershed planning which is only one of the many issues addressed by the Panel. [...] A fair reading of the Report shows that the Panel addressed the issue of surface water extensively. [...] If that is so, they should be able to explain, to a fair-minded but less well-informed observer, the reasons for their conclusions.
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10,349.
Canada (Attorney General) v. Burke - 2022 FCA 44 - 2022-03-15
Federal Court of Appeal Decisions5.(1) Pour toucher la pension, la personne qui y a droit aux termes du paragraphe 3(1) ou (2) doit faire agréer la demande qu’elle présente ou qui est présentée en son nom. [...] (a) prescribing the manner of making any application, statement or notification required or permitted by this Act, the information and evidence to be made available or allowed to be made available in connection therewith and the procedure to be followed in dealing with and approving applications; [...] 23.(2) Le ministre peut, en tout temps, faire enquête sur l’admissibilité d’une personne à une prestation, y compris sur la capacité du prestataire pour ce qui est de l’administration de ses propres affaires.
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10,350.
Metrogate Inc. v. The Queen - 2018 TCC 91 - 2018-05-11
Tax Court of Canada Judgments8. The effect of the Crown’s interpretation results in a lack of consistency, predictability and fairness: [...] · in the GST/HST Info Sheet GI-105, the Minister published six methods that the Minister considers to be “fair and reasonable” of which the following two are relevant: [...] · subsection 55(1) of the Regulations deals with the estimated provincial levy.